The Home Rule Municipality of the Borough of
West Chester shall be a municipal corporation having the name of "Borough
of West Chester". As used in this Charter, the words Borough, Municipality,
and West Chester shall mean the Home Rule Municipality of the Borough
of West Chester, Chester County. Pennsylvania.
This Charter and all amendments hereto shall
constitute the form of government for the Borough of West Chester.
Among the purposes of this Charter are: To provide municipal services
and facilities with quality, efficiency and economy; to establish
and continue a Council-Manager-Mayor form of government; to secure
all possible municipal home rule powers as set forth in this Charter;
and to provide for the health, safety and well-being of Borough citizens.
The municipal corporation now known as the "Borough
of West Chester" shall continue to be a municipal corporation under
the same name and with the same actual boundaries of the Borough at
the time this Charter takes effect and as lawfully changed thereafter.
A.
The Borough may exercise any power and function not
denied it by the Constitution of the United States of America, by
the Constitution of the Commonwealth of Pennsylvania, by the General
Assembly of the Commonwealth, or by this Charter.
B.
The powers and functions of the Borough under this
Charter shall be broadly construed in favor of the Borough. Except
as limited in Section 104(A), all possible powers and functions of
the Borough are to be considered as if specifically and individually
set forth in this Charter, whether such powers are presently available
or may hereafter become available. The designation of specific powers
in this Charter shall not be construed as limiting in any way the
general powers of the Borough granted by this Article.
The procedure for nomination and election of
officials shall be in accordance with the applicable provisions of
the Pennsylvania Election Code as amended.
A.
"Administrative Code." An ordinance that provides
for the administrative organization of the Borough government, the
assignment of duties and responsibilities to officers and employees,
and the procedural requirements set forth in General Law or in this
Charter.
B.
"Borough Code." An Act by the General Assembly of
the Commonwealth of Pennsylvania, as amended, concerning boroughs,
and revising, amending and consolidating the law relating to boroughs.
C.
"Borough official." Any person elected by the residents
of the Borough or elected or appointed by any elected or appointed
officer prescribed by this Charter, provided that it shall not include
members of advisory boards that have no authority to expend public
funds other than reimbursement for personal expense, or to otherwise
exercise the power of the Borough.
D.
"Business." Any corporation, partnership, sole proprietorship,
firm, enterprise, franchise, association, organization, self-employed
individual, holding company, joint stock company, receivership, trust
or any legal entity organized for profit.
E.
"Business with which he or she is associated." Any
business in which the person or a member of the person's immediate
family is a director, officer, owner, employee or has a financial
interest.
F.
"Confidential information." Information not obtainable
from reviewing a public document or from making inquiry to a publicly
available source of information.
G.
"Conflict" or "conflict of interest." Use by a Borough
official or Borough employee of the authority of his or her office
or employment or any confidential information received through his
or her holding Borough office or employment for the private pecuniary
benefit of himself, a member of his or her immediate family or a business
with which he or she or a member of his or her immediate family is
associated. "Conflict" or "conflict of interest" does not include
an action having a de minimis economic impact or which affects to
the same degree a class consisting of the general public or a subclass
consisting of an industry, occupation or other group which includes
the Borough official or Borough employee, a member of his or her immediate
family or a business with which he or she or a member of his or her
immediate family is associated.
H.
"De minimis economic impact." An economic consequence
which has an insignificant effect.
I.
"Financial interest." Any financial interest in a
legal entity engaged in business for profit which comprises more than
5% of the equity of the business or more than 5% of the assets of
the economic interest in indebtedness.
J.
"General Law." Acts of the General Assembly of Pennsylvania
that are uniform and applicable throughout the Commonwealth.
K.
"Immediate family." A parent, spouse, child, brother,
or sister.
L.
"Person." A business, governmental body, individual,
corporation, union, association, firm, partnership, committee, club,
or other organization or group of persons.
M.
"Political subdivision." Any county, city, borough,
incorporated town, township, school district, vocational school, county
institution district, and any authority, entity or body organized
by the aforementioned.
